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Archie Smith: the unlikely rise of a Durham native and Atticus Finch fan

Archie Smith spoke to the young woman the day before she was murdered.

He had just started practicing law and saw the woman in the old Durham courthouse. She told him she was concerned about his client, who was charged with a violent crime.

“Look, are you up here today to see if you can get him out on bond?” she asked Smith. 

“Yes, I am,” he told her.

“Please don’t do that. I’m the victim. I’m going to get attacked. If you get him out on bond, he’s going to hurt me.”

‘Ma’am, I’m a lawyer, and I have an obligation to represent the best interest of my client. I’m compelled to do that as an officer of this court.”

Today, he can only remember that she was a school teacher, but he can’t recall her name. He was an attorney, “young and stupid. Full of myself,” he says.

“Sure enough, I got him out. The next day I was up at the jailhouse, and he’d killed her,” Smith says.

Today, Smith says he still carries a sense of guilt from the woman’s death.

“The woman looked me right square in the eye and predicted it. What it taught me was that hubris has no place in my life. If I had not been as callow, if I had been more mature at the time and listened and believed, she may still be alive today.”

He tries to bring that humility to his job every day as the Durham clerk of Superior Court. It may sound like a humdrum job, but it’s actually makes him one of the most powerful people in the courthouse. While the media eye watches District Attorney Satana Deberry or the defense attorneys, Smith not only manages the vital records of the courts, but he also acts as a judge  in cases about who’s competent to manage their finances and their legal affairs. 

Step into Smith’s trinket-filled office on the second floor and you’ll discover one of the most interesting characters of the courthouse, a native Durhamite who keeps the place running and tries to create community among the employees. 

‘All rise for the judge’

In North Carolina, court clerks have sweeping powers. Smith oversees the vital court records; he’s judge for about 46 proceedings, and he manages about 40% of Judicial Branch employees. Since becoming clerk, he’s aimed to build community among the staff.

Smith’s biggest responsibilities include controlling the inflow and outflow of court funds and hearing probate cases, where people quarrel over a dead relative’s will. And much of the time that he acts as judge, it’s up to him to keep and file the records.

Smith, 69, is a folksy grandpa with a fondness for Atticus Finch from “To Kill A Mockingbird.” He has shaved his white goatee and mustache into an upside-down teardrop shape. His teeth — slightly crooked on top and spaced out on the bottom — are visible when he grins and chuckles.

He talks slowly with a slight Southern drawl, chattering about “hogwash” or “a duck sitting in the water splashing.”

“The funnest part of my job?” He says. “Showing up.”

He puts people at ease. When the assistant clerk announces “All rise for the judge!”, Smith responds with a quick request that they sit, like he’s displeased with the formality.

He then changes to a professional, get-this-case-done approach, says Danielle Briggs, a county attorney at the Department of Social Services, who works with him on competency and guardianship hearings.

“Some judges will be very informal throughout a proceeding, and that will cause problems. (But Smith) makes a very clear switch from ‘Hey everybody. How’s it going?’ to ‘Okay, we’re going to straighten this out.’”

Smith sees many first-timers in his courtroom and in the clerk’s offices. He says that many Durham residents don’t have money to hire a lawyer. He wants to help them represent themselves without overstepping legal boundaries.

“If you’re not involved in the legal system, it’s Greek to you,” he says. “We can give them information and help them get something done and be a servant to ‘em. Make ‘em feel comfortable. Now we can’t do your work for ya, but we can point you.”

Despite his sweeping powers and the fact he’s won reelection since he started 17 years ago, he remains largely unknown in the city. 

Retired attorney Jay Freeman says most people don’t know what any North Carolina clerk does. 

“It’s a very important position,” he says. “It affects more people, quite frankly, than a judge does.”

The mediator

Smith’s office, tucked behind his personal courtroom on the second floor, is filled with an unusual mix of with trinkets and collectibles. A stuffed worm found in local tobacco plants, a Galileo thermometer, a paperback Guide to Texas Etiquette, and about 20 model cars. 

On his credenza, he keeps an 11-by-14 photo of Gregory Peck playing Atticus Finch in “To Kill a Mockingbird.” He says the convictions and character make him a role model. 

“He was trying to get to the truth,” he says of the legendary character in the novel and film. “In order to get to the truth, he sacrificed a lot. He was representing an unpopular cause. His community, with his daughter there, and all his neighbors there. He could have been ostracized from his neighborhood.” 

Smith sighs. “But it was so important to him. I have to admire somebody like that.”

He thinks a lot about integrity when the hard cases come, and there have been a lot of them since that young teacher died.

He sometimes has to keep parents from accessing their minor children’s trust funds, even when they just want to pay a utility or buy their kids a Christmas gift. He recalls denying competency to an ingenious but deceitful man even though people were backing his independence. 

He often has to say “no” – and that’s not always popular.

Satana Deberry, the Durham district attorney, says Smith tries harder than anyone else to be a mediator at the courthouse. 

“Archie is like ‘hail fellow well met.’ He has a classic Durham story that I don’t think we see a lot anymore. He is the white kid who grew up poor in Durham, really has been working his whole life to get where he is,” she says. “I think he sees everybody on the other side of the counter the same way he sees himself. I don’t think he makes any differentiation.”

Lifelong Durhamite

Smith was born at Duke University Hospital, delivered newspapers, and went to Durham High School, which is now just a memory. He recalls eating shaved ice from tall glasses in a Duke cafeteria and catching tadpoles in Dixie cups from the Duke Gardens. He’s a lifelong Durhamite, and he’s nostalgic about the past. 

“Well, Durham is home, gosh,” he says. 

He recalls a “happening” Durham with full employment and prosperity. He says it was the envy of the Raleighites and Caryans, if you will. 

“They don’t have something that Durham has,” he says. “We have a number of historic buildings that give a certain panache. The past tied to the future. Old warehouses and things, enough of that has been saved.”

Many of his office trinkets point to Durham’s past such as a nametag for his predecessor James Leo Carr, a key to the old courthouse vault, and some Ever Ready Oil to lubricate the key. 

His trinkets are “a reminder of the way things used to be. And I like being about the way things used to be,” he says.

He romanticizes watching the film “The Spirit of St. Louis” with his parents and younger brother at the Starlite Drive-In off Club Boulevard. But he says he likes the new, more avant-garde and pedestrian-friendly Durham, too.

“Well, if you don’t change, you’re going to get lost.”

‘That was my last resort’: Durham’s second chance for tenants

Vickie Castillo has lived in Durham for nearly three decades. After failing to make one month’s rent in November, she faced the possibility of being evicted for the first time in her life.

“I felt scared. I was nervous. I didn’t know what was going to happen. I didn’t know if I was going to have all the money in time,” she said.

Eviction court is notoriously difficult for tenants to navigate. When they don’t have lawyers, tenants almost always lose and get kicked out of their homes.

They get evicted even when they have reasons for not paying such as losing a job, having a sick relative, or a broken-down car. And it doesn’t matter if they were purposely not paying rent to pressure the landlord to address issues with rodents, cockroaches, clogged plumbing, and more.

North Carolina doesn’t allow retaliatory action from tenants, and the court doesn’t have any leeway to give a tenant just a few more days to get the money together. If there’s unpaid rent, the landlord can seek an eviction judgment.

Castillo’s situation was unusual. She didn’t retaliate against her landlord, and she didn’t expect to come up short at the first of the month. She had been robbed, and had to scramble to make rent for November. She couldn’t and soon received the paperwork summoning her to the courthouse.

In court, the magistrate doles out eviction judgments every weekday. Tenants have 10 days to appeal their case to District Court. But to stay in their property in the meantime, the tenant will have to pay a bond, which includes the overdue rent and court costs.

Most evictions end here, in the magistrate’s hearing room. Tenants without representation rarely stand a chance of stopping the process. But Durham’s new eviction diversion program is, for some tenants, a fighting chance to stay in their homes.

***

The third floor of the courthouse is eviction headquarters. Tenants congregate around three magistrate hearing rooms. On the wall is a docket with nearly a dozen pages with green, blue, and pink highlighter marks trying to give order to the chaos. Cases are processed by the dozen—sometimes there will be over 100 before lunch.

A flyer for the program is hard to notice in the courthouse.

About 20 steps away, sandwiched between a call for participants for a maternal incarceration study and an ad for the Bull City Chili Cook Off is a blue and green flyer that is easy to miss.

Are you interested in possibly preventing an eviction and possibly avoiding a judgment against you?

The flyer’s text can barely be seen from two feet away, let alone from the eviction docket where most tenants wait. On Wednesday afternoons, the lawyers from the program will meet downstairs, and tenants are invited to bring leases, late notices, and court paperwork for review.

Most tenants don’t see the flyer in time to get help. Some might see it on their way to the docket, but once they head into the courtroom, their fate is sealed. Eviction court doesn’t grant tenants an extension to pull together money for unpaid rent or find a lawyer.

The diversion program is supported by Duke Civil Justice Clinic, a partnership between Duke Law School and Legal Aid of North Carolina. Law students represent tenants in eviction cases with guidance from Jesse McCoy, the clinic’s supervising attorney. The clinic helps tenants pay rent and reviews their case to make sure tenants aren’t overlooking serious concerns with the property that could help them win.

Tenants “myopically focus on the rent that’s due as opposed to also talking about some of the conditions that they’ve been living in,” McCoy said. People often don’t focus on the condition of the property, which might help them build a defense against being evicted.

Even if the students can’t find a legal defense for the tenant, they’ll try to postpone the hearing so people can move out with dignity. The goal of the clinic is to avoid collateral damage of a judgment such as a bad credit report.

***

After she was robbed, Castillo knew that she wouldn’t be able to pay the rent. Desperate to work out a solution, she reached out to churches in the area. She thought she scraped together enough donations to piece together that month’s rent.

And yet it wasn’t enough. Up against an eviction case, she found herself just short of the money she needed to cover the unpaid rent. But one of the churches gave her something more valuable: information about the Duke Civil Justice Clinic.

“That was my last resort,” Castillo said. “I heard about them at the last minute. And I went, because I was just going everywhere, where people were pointing me to, and so then Legal Aid was my last resort.”

Castillo was given a four-week extension on her rent, and with the help of the Civil Justice Clinic’s fund, she was able to cover the remainder of November’s rent. But a December court date still loomed.

Sometimes, the money is enough—the landlord will collect what they’re owed, and no one has to lose their home. In some cases, though, the landlord still wants the tenant gone.

Castillo’s advocate from the clinic was able to get her case dismissed. That won’t be reflected on her credit report or in any public record that could come back to hurt her. She fared better than most tenants: in a sample of eviction cases from December 2017, just 9% of cases were dismissed.

Most tenants are doomed as soon as they’re served with the eviction case, but for Vickie Castillo, one-time assistance from Duke Civil Justice Clinic kept her finances from falling off the rails.

“That’s what they did,” she said. “It was wonderful.”

‘You don’t know what’s behind the door’: Inside Durham’s evictions

Durham County Sheriff’s Deputy Michael Wood has the job that no one wants – especially not today, just a couple weeks before Thanksgiving, in the freezing weather.

Today is “padlock Friday,” the end to yet another week of evictions.

Wood has a stack of papers sandwiched between the sun visor and the roof of his white sheriff’s cruiser. Each one is a court order to complete an eviction, or a padlock, as they call it in the sheriff’s office.

It’s just above freezing, so Wood will have on his embroidered “sheriff” beanie, which falls just inches above his glasses. With a puffy black jacket on and a laptop that’s next to his steering wheel, there’s not much room left on the driver’s side of the car.

He’ll spend the day meeting with landlords and property managers, searching houses and apartments, and making sure that the locks have been changed on those properties so the evicted tenants cannot return.

Sometimes he finds families with children, abandoned pets, or, in one case, a tenant inflicting injuries on herself. But there’s nothing the sheriff’s office can do to change the eviction, Deputy Wood says.

“They were going to lose the property or wherever they live long before I got there,” he says, “and if it hadn’t been me doing it it’d have been somebody else.”

Durham saw 9,335 evictions in 2018, or about 180 every week. 

They all start with the same letter, calling the tenant to small claims court to answer for their failure to pay rent.

The tenant isn’t obligated to come to court, but if they don’t show, the eviction process will continue without them, Wood says.

***

Eviction court starts at 9 a.m. sharp nearly every weekday. Get there late for your hearing, and you might miss it in the sea of dozens scheduled for that morning. 

On some mornings, the magistrates will hear well over 100 cases, especially at the start of the month, when landlords file more claims.

Once defendants find their names on the docket outside, they slip quietly into one of the hearing rooms. Unlike in District Court, defendants here are handled first-come, first-served.

There’s no bailiff or court reporter. The only record of each hearing will be the magistrate’s scribbles on the back of the case envelope.

There are two tables. One is for the landlord and an attorney; the other is for the tenant and their attorney. But tenants rarely have one.

Sometimes, the landlords won’t show up. They’ll contract the case out to a law firm that specializes in eviction cases; lawyers will come in about every month or so, outgunning dozens of tenants in just minutes each.

Is your agreed-upon rent $550 per month?

Did you fail to pay rent for the months of September and October?

Are you still in possession of the property?

Tenants will admit that yes, they did sign the lease. And yes, that is the amount of rent that they agreed to. Yes, they missed rent for a month or two, but they were in a bind. They just lost their job, or their spouse died. Or their car broke down. Or a relative was sick. 

And many tenants tell eye-opening stories about poor conditions. Tammie Gibson said her rental home turned from a family atmosphere into a nightmare, a toxic environment that led her to develop depression. She described a stove that routinely caught fire, persistent issues with rats, and domestic disputes with other residents.

“I didn’t want to be there a minute longer,” she said to the magistrate.

Sometimes, tenants purposely won’t pay their rent to try to force their landlord to address a nagging problem such as a rodent infestation or perpetually clogged plumbing.

But North Carolina doesn’t allow this retaliatory action. If you live there, you have to pay for it.

The court also has no responsibility to evaluate why tenants can’t or won’t pay. Despite Durham’s problem with skyrocketing rents, with average rent rising 15% in the past three years, the court cannot grant tenants reprieve. From the court’s perspective, it’s simple: the tenant hasn’t paid rent, and the landlord needs the property back. The magistrate then has to rule against the tenant. 

Unless the tenant appeals the judgment within 10 days, it becomes a permanent eviction record, influencing credit scores and job applications for years to come.

***

Once that judgment is processed by the court, it’s added to Deputy Wood’s docket of padlocks.

He crisscrosses Durham every day, from downtown luxury apartments to public housing to  new suburban townhomes. Every hour, on the hour, he has an appointment to meet with a landlord to enforce the court’s ruling.

Deputy Michael Wood  | Photo courtesy of the Durham Sheriff’s Office

“You’re there for a job. You’re not there to judge people,” he says.

When he arrives, he gives the landlords his standard spiel: the tenant has seven days to reach out to the landlord to retrieve their property. Whatever is left in the property, whether it’s an unplugged fridge with rotting food or hordes of roaches scurrying around the corners, is up to the landlord to deal with.

He avoids most of their questions, advising them to get legal advice from somewhere else.

He knocks and presses his ear against the door, listening for movement to assess what he’ll face inside.

“With a padlock,” he says, “you don’t know what’s behind the door. You don’t know what’s in there. You have no idea.”

He walks in and holds up a flashlight as he searches rooms, closets, and cabinets,, hoping to avoid a possible threat around the corner.

People hide, he says. They’ll hide in nooks and crannies around the house, hoping to stave off eviction for a few more days, clinging to the time they have left.

But there’s no wiggle room, he says. He can’t give a tenant a couple hours, regardless how dire the situation. He is required to complete the eviction.

“At some point they have to know if they haven’t been paying their rent or fulfilling their obligation to the landlord … they’re being evicted,” he says.

A rare and lucky few will successfully appeal their eviction in District Court and get to stay in  their home.

Many others will work it out with their landlords — last-ditch efforts to cover the overdue rent or hastily work out a payment plan. 

“We’re standing there, the locks are in hand, they’re about to get changed and (the landlord and tenant will) make a deal or they’ll work it out and they’ll stop,” Wood says.

More often than not, though, he’ll find an empty property. Maybe the tenant left to avoid embarrassment, or maybe they fled the country, fleeing their eviction record as well.

But there’s nothing he can do about it now. He posts the orange sign and leaves.

In photo at top: Deputy Wood posts this sign before a landlord changes the lock. Once a padlock is complete, the tenant has seven days to arrange a time to pick up their belongings. Photo by Niharika Vattikonda | The 9th Street Journal

The death of Bill Bishop: Was it a heart attack?

This is the second in a series exploring theories into Bill Bishop’s death.

After developer Bill Bishop was apparently found unconscious with a dog leash around his neck and later died, investigators became suspicious of his teenage son Alexander and charged him with murder.

Alexander has suggested it was a tragic accident caused by the family dog, Winston. Yet Bishop’s ex-wife and family has posed a simpler explanation: Bill died of a heart attack.

But the heart attack theory doesn’t hold up very well. Four forensics experts who reviewed his autopsy report for the 9th Street Journal were doubtful that Bill died of a heart attack. Three said there was no evidence of one, and the fourth said it was unlikely. 

“There’s no evidence of a cardiac event. The defense is just trying to fish,” said Bill Smock, police surgeon for the Louisville Metro Police Department and a staff member of the Training Institute for Strangulation Prevention in San Diego. 

Where is the case now?

It’s not clear how much Alexander’s attorney Allyn Sharp will rely on a possible cardiac event in her defense. With the case far from trial amid of a backlog of murder cases, she has a lot of time to prepare. 

Sharp did not respond to request for comment in time for publication. She has previously told the 9th Street Journal that she will not speak about the case outside the court record. 

In a February hearing, Sharp said Alexander didn’t kill Bill, never had any issues with discipline, and had no motive to kill his father. 

Alexander told first responders on April 18, 2018 he found Bill unresponsive in the theater of the family’s Hope Valley home. He said his father was in an armchair with Winston’s leash wrapped around his neck, with Winston still on the leash, according to court documents. Bill died three days later at Duke Hospital. 

The case was shaken up earlier this fall when Judge Orlando F. Hudson Jr. threw out swaths of key evidence that implied Alexander had plotted to kill Bill and reap the benefits of his $5.5 million estate, pending an appeal. 

“When you remove those material misstatements and omissions, it is simply a death that is tragic, but not suspicious,” Sharp said at a September hearing in her eventually successful bid to exclude evidence.

There has not been a trial date set in the case. Alexander, who was 16 at the time of his father’s death, is free on a $250,000 unsecured bond. 

Alexander suggests the dog did it; family blames heart attack

How will Sharp build her case to defend Alexander? There are clues in his statements to first responders and comments that family members have made to the media.

Before calling 911 that evening, Alexander called his mother, Sharon Bishop, five times. In the 911 call, Alexander said he thought that Bill was dead and that he took the leash off his neck. 

“I think my dog got his [leash] wrapped around his throat and his face is purple,” he said.

Bill Bishop with his dog Winston.

An emergency supervisor at the scene said that Alexander thought that “the dog just happened to freak out and get him wrapped up in it,” according to court documents. Bill died three days later. 

The “dog killed my dad” defense is weak, experts say. The 9th Street Journal spoke with four forensics experts who all agreed it was unlikely Winston could have killed Bill. The injuries described in the autopsy report were not consistent with a dog essentially strangling Bill with a leash, they said. 

“It looks like someone took the dog leash and then came up from behind him, wrapped it around one time and strangled him,” said Kendall Von Crowns, deputy chief medical examiner with the Travis County (Texas) Medical Examiner’s office.

Medical examiner says homicide;  family says heart attack

The state medical examiner determined Bill’s death was a homicide caused by strangulation with a “ligature,” or a cord-like object. 

This conclusion was based upon a mark on Bill’s neck that signaled strangulation, cartilage fractures in his neck, and hemorrhages. 

Bill also had an enlarged heart and an 80 percent blockage in his heart’s left main coronary artery and a second left coronary artery, the report found. The report added that Bill had a history of depression, a recent divorce, and prostate cancer, in addition to an injury to his right arm in 2012 that rendered it “largely functionless.”

The Bishop family hired a pathologist, Dr. Jonathan Privette, who studied the autopsy report and argued that the medical examiner should have ruled the cause of death “undetermined” instead of a homicide. 

Privette said that blockages higher than 75 percent can lead to “sudden heart ‘events’ and death.”

That supports the family’s previous statements. An attorney for Alexander and his brother in the estate matters told the Durham Herald-Sun last year that the family thinks a heart attack killed Bill. 

“His physicians told the family that Bill had suffered a heart attack and never told them otherwise,” Idol said. “We believe this was the actual cause of his death.”

And shortly after Bill’s death, Sharon Bishop told the Tampa Bay Times that Bill had suffered a heart attack. 

Experts: Unlikely Bill died from a heart attack, blockages insignificant

Experts agreed that the blockage was enough to cause cardiac events, but that didn’t mean the cause of death was likely a heart attack. 

Jeffrey Springer, a Louisville forensic pathologist, and Kendall Von Crowns, deputy chief medical examiner with the Travis County (Texas) medical examiner’s office, agreed that his coronary arteries were blocked enough to cause some sort of cardiac event. All four experts said Bill had heart disease. 

But the evidence in the autopsy didn’t indicate that a heart attack caused Bill’s death. 

“He’s got coronary artery disease, as probably everyone in (the future jury will have) coronary artery disease. (Yet) the blood is still flowing to the heart. That’s normal,” said Bill Smock, police surgeon for the Louisville Metro Police Department who is on the staff of the Training Institute for Strangulation Prevention in San Diego. 

“There’s a lot of people walking around with 80, 90, or even close to 100 percent blockage of it. When it gets blocked, a heart attack is when blood doesn’t get to an area of the heart. At some point, if you live long enough, it’ll probably get completely blocked. But it has nothing to do with why he is dead. There’s no evidence that this is a cardiac event. Zero.”

Springer said that Bill could have had a heart attack during to the strangulation, but the cause of death still would have been strangulation. 

“When a man is found dead (in the basement chair) with a leash wrapped around his neck and has the autopsy findings Mr. Bishop had, he did not simply suffer a heart attack,” Springer said. 

“He still has ligature marks around his neck. Those wouldn’t be caused by a heart attack,” said Katherine Maloney, Deputy Chief Medical Examiner for the Erie County Medical Examiner’s Office in New York. 

All four experts pointed to a lack of an “acute thrombus” or infarction in Bill’s arteries, meaning there was no blood clot blocking a vein. That is a tell-tale sign of a heart attack, they said. 

Evidence of heart attack can’t be seen unless the victim survives for more than 24 hours after suffering the attack, Crowns said. But Bill survived longer than that, assuming the cardiac event happened on the day Alexander said he found Bill unresponsive. 

Maloney suggested that the family may be using the term “heart attack” loosely to make it more understandable. She suggested they may be referring to a fatal cardiac arrhythmia, an irregular heartbeat that could be a complication from his heart disease. 

But even in this case, it would be unlikely that killed him, Maloney said. In the case of fatal cardiac arrhythmia, people aren’t usually found sitting comfortably in a chair. In these cases, the victim’s heart stops beating suddenly, leading them to “hit the floor” wherever they are standing, she said. 

And the evidence of strangulation and where Alexander said he found Bill don’t match that theory. 

“If he’s sitting in the chair with a dog leash, how does the leash get up in the air and around his neck? The dog jumps up and wraps the leash around his neck?,” Maloney said. “The leash would have to defy gravity to get up around his neck.”

Maloney was also suspicious of the timing. Once a strangulation or arrhythmia victim loses oxygen to the brain, they have six minutes (10 maximum) before they die. 

With that narrow window, she said it was more likely that Alexander was there when it happened and then called 911. Otherwise, Bill wouldn’t have been able to survive for three days on the ventilator; he would have died at the scene. 

“So coincidentally, as either the dog was strangling him or he was having a heart attack, within 10 minutes of that happening, his son finds him? That’s pretty good timing,” Maloney said. “His spidey senses must have gone off.”

The life cycle of a sexual assault evidence kit

It starts when the emergency room door opens.

A victim walks in. She may have been sexually assaulted an hour ago or a day ago, but now, she’s decided to see a doctor. She might walk in with a friend or a parent, or she might sit alone and wait for the sexual assault nurse examiner to arrive.

“I just introduce myself at the beginning,” says Molly Chadbourne, a former sexual assault nurse examiner in Durham who currently trains other nurses. “I explain who I am and why I’m there to talk with them. Then, I ask them what they want. Do they want a kit?”

This is where a sexual assault kit begins. Its life cycle may last months, or even years.

The nurse ushers the victim into a small hospital room where they have privacy. Chadbourne likes to start with the easier questions: “What’s your medical history? What types of medicine do you take?” Then, she’ll ask the harder question. “Can you tell me what happened to you?”

The nurse listens, letting the victim take breaks and reminding her that it’s okay to tell her story imperfectly.

“We know that some people aren’t going to remember everything right away, and they might not remember it linearly,” Chadbourne says. “We have to give people permission to start talking about whatever they can, even if it’s not at the beginning.”

Then, the nurse starts to assemble the kit, a small white cardboard box with “Sexual Assault Evidence Collection Kit” printed on the front. 

The nurse starts collecting “known” samples, or the victim’s DNA. She’ll gently swab around the victim’s cheeks, gums, and lips. She’ll ask the victim to take off her underwear and seal it in a bag labeled “Underpants”. She’ll pluck exactly 50 hairs out of the victim’s head and then comb through her pubic hair, securing any hairs that fall off into a small envelope. 

Then the nurse collects “unknown” samples, which could include the assailant’s DNA. The nurse will swab any place on the body where the victim says she was assaulted. “It’s anywhere that was licked, bit, or touched by the assailant,” Chadbourne says.

She says “anything that’s on their body might be relevant”. Victims and nurses alike understand that the victim’s body is a crime scene.

The nurse takes photos of the woman, documenting any cuts, scrapes, or bruises. “I offer to let people look at the pictures,” Chadbourne says. “I try to give them as much control over the process as possible.” At any point, she notes, a victim can stop the kit collection.

After two hours, the nurse has packed away dozens of cotton swabs, photographs of injuries, and envelopes of hair into the sexual assault kit. She closes the lid of the white cardboard box and places it in storage, where the kit waits for law enforcement to come pick it up the next morning.

***

When the kit arrives at the police department, an officer will take a first look. That officer might notice if the kit is connected to a consent case, a case in which the victim and the perpetrator both agree that they had sex, but disagree on whether it was consensual. Three years ago, a consent kit would get put back on the evidence shelves at the police department instead of getting tested. It could stay there for over 30 years.

“When I was seeing patients, I couldn’t say to them, ‘Your kit will never get tested, because you know the person that assaulted you,’” Chadbourne says. “Doing this really invasive process and knowing in the back of your mind that this kit will probably never be tested… it’s a really hard pill to swallow.”

But today, with the statewide push to send all kits to the State Crime Lab, that kit won’t sit on an evidence shelf if it doesn’t meet testing requirements. Instead, an officer will log it into the North Carolina State Crime Lab’s database. A technician at the lab will accept the kit, and the officer will drive it to Raleigh, where the State Crime Lab is located.

“We place the kit into a vault until it’s time to be worked,” says Jody West, forensic sciences manager at the State Crime Lab. “Then we open it up, and start with inventory.”

Every sexual assault kit is a little different “It’s a box, but it’s not a one-size-fits-all box,” according to Chadbourne and the State Crime Lab takes note of every swab, photo, and hair inside.

A lab technician first takes a tiny portion of the swab and uses a chemical to tease out the DNA from its cotton. “It’s like cracking open an egg and removing the yolk,” West explains.

Lab technicians then use a machine to separate the yolk — human DNA — from any other type of genetic material. In sexual assault cases, they’re usually looking for male DNA. “This is the decision point,” West says. “If we determine there’s not enough male DNA, we’ll stop.”

If the kit moves ahead, it goes through amplification, or copying the yolk. The assailant’s DNA fragments are heated and cycled through a hefty gray machine — in just thirty cycles, a billion copies of that DNA are made.

The last step is electrophoresis, or separating the yolk. Analysts use an electric field to detach different fragments of DNA. The result is a complete DNA profile. “It looks a lot like a heartbeat,” West says.

After hours in the emergency room, days with law enforcement and up to five weeks at the lab, this is what a completed sexual assault kit looks like: A series of peaks on a computer screen.

Those peaks the DNA profile of the assailant will be entered into a database of millions of offenders across the country. A computer will scan each offender’s profile, checking for a perfect match. If the all of the peaks line up, the computer spits out a name. Then, it’s up to the police to investigate the sexual assault.

That is the life cycle of one sexual assault kit. To clear the backlog of 15,160, North Carolina has thousands more to go.

“Most people, if they’ve ever heard of a rape kit before, it’s from watching Law and Order SVU,” Chadbourne says. “They think it gets solved in 60 minutes. The truth is, it doesn’t. It really doesn’t.”

A sexual assault evidence kit. Photo provided by Molly Chadbourne

Resources for survivors:

Durham Crisis Response Center

Rape, Abuse & Incest National Network: What is a sexual assault forensic exam?

North Carolina Sexual Assault Kit Tracking 

North Carolina Office for Victims of Crime: Crime compensation

Under N.C.’s ‘homewrecker law,’ adultery can be costly

Danielle King said her affair was over. But on Nov. 23, 2015, her husband Keith King realized her sexual liaisons were continuing.

Looking through phone records, he noticed Danielle and her illicit lover Francisco Huizar III were still communicating – every day. Keith got so mad he picked up his daughter’s high chair tray and slammed it against a table. The noise startled his 2-year-old Elle Annemarie King, who was one room away with Danielle. 

Over the next year, Keith thought the marriage was healing. Danielle, who has blond hair and a big smile, had been posting on Facebook about family trips and their joyful child. 

But then he got a troubling clue from the OnStar system in Danielle’s car. In August 2016, she and Elle were supposedly driving back from Danielle’s parents’ house in Richmond, Virginia. She was running late, so Keith activated the OnStar system and noticed her car was going north on Interstate 95 when it should have gone south. It was headed to Alexandria, Virginia, where Keith knew Huizar had been in the past. 

Danielle had retrieved Huizar from Virginia, dropped Elle off at home, and met Huizar at a hotel, according to a lawsuit.

In 2017, Keith sued Huizar for having sex with his wife and breaking up his marriage. A year later, Durham Superior Court Judge Orlando Hudson awarded Keith $8.8 million in punitive and compensatory damages from Huizar under a little-known state law.

Yes, people in North Carolina can sue an illicit lover for having sex with their spouse; it’s called criminal conversation. Or for breaking up their marriage; that’s alienation of affection.

North Carolina is one of six states with the laws — along with Hawaii, Mississippi, New Mexico, South Dakota, and Utah. There are about 200 alienation of affection cases in North Carolina each year, according to North Carolina Administrative Office of the Courts records. 

“It’s been around forever,” said Adam Bull, who has argued several alienation of affection suits throughout his 30 years as a North Carolina attorney. “Most people probably understand the moral sense it’s wrong; they don’t understand they can be sued for it.”

After the $8.8 million suit, Huizar filed bankruptcy. Danielle and Keith still aren’t done with court. In November 2019, the Court of Appeals considered Danielle’s claim for primary custody of Elle Annemarie. The parties are awaiting the verdict. 

‘Marriage on trial’

A fundamental step in these unusual adultery cases is “putting the marriage on trial,” said Kim Bonuomo, who represents defendants in these cases. To win, plaintiffs have to show they had a fairly stable marriage, and the illicit lover broke it up.

Plaintiffs use letters, photos, family vacations, and descriptions of their sexual activity to prove their marriage was stable before the intruder. 

Keith’s evidence? He and Danielle volunteered and went to church together. They had sex. Danielle started a “Good Mommies Club” as a part of a Mommies United group on Facebook. She even thanked Keith for one of “the coolest jobs ever” with his BMX company on Facebook. 

But he said Huizar changed everything. “My marriage was murdered. It was destroyed,” Keith said during an interview with WRAL in 2018. “What I’ve endured is, I compare it to like a nuclear bomb going off around my surroundings,” he told Good Morning America in 2018. 

In many cases, it’s hard to discern how much of a role the intruder had in the marriage downfall. Bonuomo said she’s never seen a perfectly stable marriage before the affair. 

And blaming the illicit lover gets even messier if there were multiple affairs. 

“(Were they) the cause of the breakup of the marriage just because they were the last person (the spouse) had an affair with?” Bonuomo often wonders. 

‘She’s my wife, man!’

On Jan. 19, 2017, five months after the clandestine trip to retrieve Huizar, Danielle told Keith that her parents were helping her rent an apartment. Huizar, she said, wasn’t even in the state. 

The next day, Keith texted Danielle to ask her to watch Elle while he drove pain medication to his father. But Danielle said she couldn’t; the apartment bathroom lights were out, and she couldn’t fix the breaker. 

Later in the day, Keith drove over to Danielle’s apartment to fix the breaker. But when he arrived, Huizar opened the door. Moments later, Huizar held Keith in a choke hold as Keith cried and pleaded, “She’s my wife, man! She’s my wife. That is my wife, man!”

Danielle stood back, catching it all on video. 

Effective law?

Alienation of affection and criminal conversation cases can only be brought against an illicit lover — there’s no direct recourse against the spouse. But even though an adulterous spouse may not be sued, Bull said they may still get involved in the case. 

“They sometimes end up settling with their spouses so they can leave their new boyfriend or girlfriend out of the picture.”

Bull says the law deters some people from committing adultery. 

“I don’t agree with that,” Bonuomo said. “Ultimately, these cases don’t come up until the marriage is already over.”

In 1984, the North Carolina Court of Appeals successfully overturned alienation of affection in Cannon v. Miller, but then the Supreme Court reversed the ruling. In 2009, the General Assembly approved some limits to the law. The affair had to happen before the spouses separated, and the plaintiff has to sue within three years of the affair.

It’s unlikely that legislators will overturn the law; no North Carolina politician wants to be portrayed as disregarding the sanctity of marriage, Bonuomo said. 

But she doesn’t find the adultery law, which implicates only the illicit lover, to fit in many cases.

“Usually, the marriage is already broken. It would be a very, very rare situation for the underlying marriage to reconcile at that point,” Bonuomo said. 

And once there’s a lawsuit, she said the chances of reconciling the marriage can only get worse. 

‘Rooted and Antiquated’

Alienation of affection and criminal conversation are non-statutory law derived from prior judicial decisions. 

“It’s the belief of many practitioners that these torts are rooted and antiquated ways of thinking that women were considered to be the property of their husbands,” Bonuomo said.

But just because the law is old doesn’t mean it’s defunct, Bull said.

“Are they old? Yes. So are basic principles, like the statute of frauds. But does that mean they should be replaced or no longer serve a purpose? I would disagree with that. Otherwise, there’s not a remedy that’s available to the injured spouse,” Bull said.

Societal norms change, but the adultery law protects monogamous marriage, supporters say. Bull says people should keep monogamy and consent in mind when they’re dating. 

“It’s in the initial process that you should be ferreting out, ‘Hey, is this person single?’” he said. “Before you go much past holding hands, my advice to you is that you pull out your phone, hit record, and make sure they (give consent.)”

Animosity and Acrimony

Following the $8.8 million ruling, Huizar filed bankruptcy. And in Dec. 2017, the Kings divorced.

On Nov. 13, 2019, the King love triangle appeared on the North Carolina Court of Appeals docket, but this time with a new plaintiff: Danielle. She brought a child support and custody appeal.

In January 2017, the District Court in Durham gave Danielle and Keith split custody of Elle Annemarie, but Danielle wants primary custody. She also claims Keith assaulted her and caused her emotional distress.

Bonuomo doesn’t expect alienation of affection cases to end smoothly. 

“I just wonder about the animosity and the acrimony that continues to envelop the family long term when there is an alienation of affection case filed,” she said. “What bothers me is that some of these really keep the fabric of the family ripped apart.”

Video surveillance: The hidden eye of the justice system

Video cameras captured two scenes from the convenience store on Alston Avenue in East Durham on the night of Jan. 9, 2018. 

In one, a little boy walks inside, his eyes on the prize. He flashes a mischievous smile, eager to get his hands on a Hostess “Donette” packet stacked neatly a few steps away. 

In the other scene, from outside the store, Noe Ruiz and Jerone Powell get into a fight. Powell exits with a stab wound, leaving Ruiz with a court date.

The two scenes captured by the store’s video system show how cameras have become unblinking spectators. They can capture, with incredible levels of detail, the banal routine of a convenience store just as they can reveal the crimes that occasionally occur there.

Daniel Meier, a prominent defense lawyer in Durham who represented Ruiz, says the convenience store footage is a reminder that video cameras are everywhere. Businesses, stores, and even renters and homeowner are recording everything.

“Cameras are dirt cheap now. It takes almost nothing to do it. People, acting out of a sense of paranoia, feel secure when a camera is watching.”

The implications of such surveillance are fuzzy, Meier said. Our private lives have been transformed into something more public.

But much of the footage is the seemingly dull routine of everyday life.

In the convenience store, the kid sees the rack with the doughnuts. Jackpot. He picks a 3-pack of the powdered pastry off the shelf and dashes down the aisle with his conquest. He runs straight into his mom, who snatches the stolen goodies out of his nubby hands. His once-triumphant grin transforms into a surly pout.

Jeb Dennis, a public defender at the Durham County Courthouse, said that the standards of evidence are higher now. Juries expect video evidence. If it’s not available, they want to know why.

“It’s called the CSI effect,” Dennis said. “Jurors, civilians, and people in general want more evidence now than what they expected 30 years ago.” People expect video evidence because they’ve seen it in so many TV shows.

Studies have shown that over 25% of human witnesses have false memories. Video eliminates that problem.

“We use it to our favor,” Meier said. Video footage can be definitive evidence of a criminal’s guilt.

Ruiz’s case at the convenience store is a powerful case study.

The video shows Ruiz and Powell emerge from behind a dumpster in the store’s parking lot, shouting at each other.

The fight turns physical, and the footage shows the faint outlines of a knife in Ruiz’s hand. Ruiz lunges and stabs Powell, who pushes him backwards. Ruiz lands on his behind, cigarette still in mouth.

Powell then walks into the convenience store, his hand placed lightly on the lower section of his potbelly. His face is stoic and unfazed. He grabs a few napkins, clots his wound, and walks out the door.

Meier said this footage was crucial in Ruiz’s case. Not only did it pin him to the scene of the crime, it also reduced his sentence. Powell’s demeanor inside the store proved the harm caused wasn’t so bad.

But video has its drawbacks.

“We’re basically a surveillance society.” Meier said. While privacy laws might protect citizens from being spied on by the government, it doesn’t stop people from recording each other. 

“In public places, there’s no legal expectation of privacy. The laws just haven’t caught up with technology,” he said. 

Video can capture and save even irrelevant information.

“Back in the day, you would see someone and then they’re gone. Now you have a video that can save for life the image of someone picking their nose,” he said.

This constant watchdog feature also can hit the limits of technological capacity.

“Often video just is not accessible because sometimes cases take years. Those gas stations can’t hold videos for years. That (video) is gone,” Dennis said.

But the attorneys say video is here to stay, capturing everyday life, plus the occasional crime.

Back in the store, the kid returns back to the Hostess rack. It’s his second try and he’s smarter this time. He hides the snack cakes in the fold of his shirt as he dodges his mother.

He slides across the store’s center aisle. He sticks the donut in his mouth, victorious.

No one even saw him.

A ‘Year of Jubilee’: Durham drivers are getting a second chance

Adam Merritt caught a ride home from work and pulled up to find his house full of cops. Someone had tried to break into the house and shot Merritt’s roommate. 

The police told Merritt that his roommate had just left in an ambulance. Merritt wanted to meet him at the hospital, but he couldn’t. His ride already left and his license was suspended. 

“They wouldn’t let me in my house, and I didn’t have money for an Uber. I was just cold standing outside with nowhere to go,” Merritt said.

Over a year later, his roommate has made a full recovery. But Merritt still looks back on how frustrating it was to be stuck in front of his house that day. “That was probably the peak point of how not having a license was just awful,” he said.

Merritt’s license was suspended because he never paid a speeding ticket from 2014. He was 19 years old at the time and he got two tickets in the span of a couple months. After going to court once, he thought he had resolved both charges. Three years later, he was pulled over for driving without a seatbelt and found out that he still had an outstanding charge.

According to the Department of Motor Vehicles, roughly one in five adults in Durham County had a suspended or revoked driver’s license in 2018. Almost 80 percent were people of color. 

Now Merritt is one of nearly 40,000 people eligible to get their licenses back. The Durham Expunction and Restoration Program was launched a year ago by the city’s Innovation Team, which collaborates with academia, community organizations, and the private sector to research and address social issues in Durham. The “R” of DEAR — license restoration — began under former District Attorney Roger Echols and continued after Satana Deberry unseated him in the 2018 election. 

Each charge or conviction revisited must be at least two years old and cannot include high-risk traffic charges, such as DWI or speeding in a school zone. The average case is more than 16 years old. 

“I feel like we owe Roger Echols a lot for initiating this, but DA Deberry has been an amazing champion,” said Ryan Smith, project manager of the Durham Innovation Team. “If anything, DA Deberry has leaned more into it.”

Deberry explained that not having a license in a place like Durham is a big deal, especially because the city lacks a reliable public transportation system. “If you can’t drive, you can’t go to work, you can’t take your kids to school,” she said.

After a Durham driver gets a traffic ticket, they receive a court date where they have the opportunity to dispute or ask to reduce their charge. But the fee for appearing in traffic court — not including the traffic fine itself — is up to $188. 

“What happens when poor people get tickets they cannot pay? You either don’t show up because you can’t afford it, or you show up and you get hit with the fines and fees and you don’t pay it,” Deberry said. Either option would result in a suspended license.

Since the program started last December, Deberry has been celebrating what she calls the “Year of Jubilee,” meaning a time of forgiveness. In a speech she gave at Duke Law School, she said that DEAR is the most successful initiative that she has ever been a part of. 

With the help of a local nonprofit called Code the Dream, DEAR created a website to let people know whether they have benefitted from the mass relief program. Anyone can type in their name and birthday to see if their traffic charges have been dropped or their fines and fees have been forgiven. 

A flyer for the driver’s license restoration program hangs outside of the DEAR office in the Durham courthouse. Photo by Erin Williams | The 9th Street Journal

Smith, project manager of the Durham Innovation Team, said that his ultimate goal is to expand the program to other counties, especially because people often rack up traffic violations in multiple jurisdictions. 

The program is viewed as a  success not just within North Carolina but throughout the country. The NC Bar Foundation awarded DEAR the Pro Bono Project of the Year in 2019. What Works Cities — a Bloomberg Philanthropies initiative — also announced in November that it will partner with the Durham Innovation Team to help other cities develop similar programs and reform efforts.

But despite the accolades, DEAR doesn’t have data on how many people actually have gotten their licenses back. 

According to Deberry, almost no one shows up to the mass relief hearings. People only know they have had their suspensions lifted through visiting the website or the DEAR office. But Smith said only 1,600 people have searched and found their names on the website so far.

Deberry attributed the disconnect to a publicity issue. “If I don’t read the Herald Sun, the News and Observer, or the Independent, if that’s not the kind of stuff that shows up in my social media feed, how would I know?” she asked.

Merritt also didn’t know that his costs had been dropped. He had no idea the license restoration program even existed until he was directed to the DEAR office by the judge in his most recent traffic court hearing. 

Merritt’s drivers license suspension was lifted Oct. 24. “[DEAR] helped me a lot… I just had a baby a couple months ago, and they probably saved me around $800, almost $900,” he said. 

But Merritt still has yet to get his license back.

“The DMV is another beast,” said Laura Holland, a DEAR attorney. There is a $65 license restoration fee and another $50 fee if the driver did not mail in their physical license before it was suspended. She said that oftentimes she will help people get all the way to the finish line, and then they’ll say, “Well, I can’t afford to pay that $115.” 

Smith calls this the last mile problem.

Another barrier is that the DMV updates its records manually, so there is often a significant delay between when the suspension is dropped and when someone can pay to reclaim their license. “They tell me 48 hours, and I’m like, that’s malarkey. Complete malarkey,” Holland said. “We think it is more like eight months, to be honest with you.”

Merritt went to the DMV last week because he has an interview coming up for a job that requires him to have a license. He said he wants to get a better job so he can support his newborn son. But after waiting in line for several hours, prepared to pay the final fee, they told him his name was not in the system and he would have to come back another time. 

While the DEAR program has helped lift thousands of Durham residents’ license suspensions, the city can’t track the number of people who have successfully gotten their licenses back. According to Holland, they plan to request that data from the DMV at the end of the year.

“Those same people who we know couldn’t pay the fines and fees also can’t pay $115 to get their license back, or any of the myriad other administrative hoops that the DMV has created,” Deberry said. “But we wouldn’t have known that if we hadn’t done this. This was a start, and now we’ve got to figure out the next step.”

In photo at top, DEAR attorney Laura Holland works on driver’s license restoration cases. Photo by Erin Williams | The 9th Street Journal

The death of Bill Bishop: Did the dog do it?

This is the first in a series exploring theories into Bill Bishop’s death.

On paper, Winston is just another yellow Labrador Retriever. He’s up-to-date on his rabies shots, good until 2021. 

He’s registered under his owner, Bill Bishop of Durham. But he’s not a typical dog. 

Winston has been thrust into the center of a Durham murder case.

Bill’s son, Alexander Bishop, 17, has been charged with killing his father. Alexander has raised the possibility that Winston did it. He told first responders to their Hope Valley home on April 18, 2018, that he found his father unconscious in an armchair with Winston’s leash around his father’s neck and the dog still attached, according to court records. Officers found Bill, 59, in the chair, unresponsive. He died a few days later.

Alexander was charged with murdering his father in February, 10 months after his father’s death. He is out on $250,000 unsecured bond. A trial date has not been set.

Alexander’s attorney Allyn Sharp still has many months to prepare her defense. But it appears from Alexander’s statements to first responders and Sharp’s comments in court that the dog could be a key part of her defense.

Could Winston, a yellow Lab estimated at 50 to 60 pounds, get his leash tangled around Bill’s neck and create sufficient force to kill him?

To explore this theory, The 9th Street Journal spoke with four forensic experts. They agreed that it’s unlikely that Winston could have killed Bill Bishop.

“The story about the dog sounds pretty far-fetched,” said Katherine Maloney, Deputy Chief Medical Examiner for the Erie County Medical Examiner’s Office in New York. “What they should have done is to say it was hanging. That would have been more difficult to disprove. But the story with the dog is just sort of ridiculous.”

Winston: Good with children, loyal, trained

Labrador Retrievers are the most popular dog in America for a reason: they’re friendly, energetic, and social, according to the American Kennel Club. 

Unlike some more aggressive breeds, they are “companionable housemates who bond with the whole family,” the club says. It describes them as a “friendly, outgoing, and high-spirited companions who have more than enough affection to go around for a family looking for a medium-to-large dog.” 

Historically, they love to help their masters hunt and fish. Originally from Newfoundland, Labradors went duck hunting and fishing with their masters. One job was to plunge into frigid waters and snag fish that had been hauled in. Their coats were bred to keep ice from freezing onto their fur when they got out of the water. 

These days you don’t see them jumping off boats as much, but they’re still swimming. The Kennel Club describes them as very energetic — Labs need a lot of exercise, whether that’s in their second home of the water or chasing sticks (or their tails) on land. 

Even more than their athleticism, Labs are defined by gentility and smarts. 

“The Labrador has much that appeals to people; his gentle ways, intelligence and adaptability make him an ideal dog,” the club says in its breed standard. 

Neighbors and friends were reluctant to discuss Winston on the record, but all the evidence suggests he is a pretty typical Labrador: friendly, good with kids, respectful of Bill.

In photos, Winston looks docile and loyal beside Bill. Photos of him over the years show him friendly and calm. 

Winston went to a three-week-long obedience camp where he was “alpha trained” to become “beta” or subservient to the “alpha” master, Bill. 

That’s based on the theory of “Dog Whisperer” Cesar Millan: dogs need a strong, “alpha” leader of the pack in their master. Lead your dogs with “calm, assertive energy” and set clear rules, while allowing for a lot of exercise and affection “when the time is right.”  

Walking dogs is an important part of his philosophy in training dogs. 

“The whole experience is the leash represents calmness,” Millan said in 2013. “And happiness is also expressed through that calmness.”

The only characteristic where Winston seems to stray from a typical Lab is his small size. 

At an estimated 50 to 60 pounds, Winston weighs less than the average male yellow Labrador Retriever, which tend to weigh in at 65 to 80 pounds, according to the American Kennel Club. 

Winston now appears to be staying with Alexander and Sharon Bishop, according to estate filings. 

Here’s what Alexander Bishop claimed happened

The early narrative from police and the prosecutors seemed clear: the kid plotted to kill his dad

But the picture has gotten fuzzier since last month, when Judge Orlando F. Hudson Jr. tossed some of the most tantalizing evidence that seemed to indicate Alexander planned the killing to cash in on Bill’s $5.5 million estate. Hudson ruled that the lead investigator left out key details or was deliberately misleading when he sought search warrants. The judge tossed out evidence obtained from those warrants. 

 “When you remove those material misstatements and omissions, it is simply a death that is tragic, but not suspicious,” Alexander’s attorney Allyn Sharp said at a September hearing on her successful bid to dismiss much of the key evidence in the case.

Prosecutors have scoffed at a potential “dog killed my dad” argument. 

“The fact that he’s contending his dog strangled his father is where the suspicion is for this case,” Assistant District Attorney Beth Hopkins Thomas said in a September hearing

Sharp objected to this statement in the hearing, arguing it was a “mischaracterization” of what Alexander had said. She said Alexander never alleged that Winston strangled his father. Hudson overruled the objection. 

Sharp declined to comment for this story, saying she won’t comment on the case outside of the court record. 

Still, Alexander raised the dog as a possible killer when he called 911.

Here’s what unfolded on April 18, 2018, according to Hudson’s order and 911 records

Alexander called 911 to report that he had found his father unresponsive with Winston’s leash around his neck. 

“I think my dad is dead,” he said. “I think my dog got his [leash] wrapped around his throat and his face is purple.” 

Alexander said he took Winston’s leash off his father’s neck. 

He told a firefighter that the leash was attached to Winston and was wrapped around Bill’s neck, although he was unsure how many times. The EMS supervisor said at the scene that Alexander thought that “the dog just happened to freak out and get him wrapped up in it.”

Some of Alexander’s comments at the scene weren’t what many would have expected.  

After the EMS supervisor began a conversation with Alexander, he asked to speak in private with the supervisor. Alexander told the supervisor that he felt “bad that he doesn’t necessarily want [Bill] to live” but that he “didn’t do anything to harm him.”

Alexander also asked an officer on the scene how he should be feeling. 

“Honestly…I’m afraid of what happens if he comes back,” Alexander told the officer. “I’m afraid he’ll get mad at me for leaving the leash around the dog.” 

Bill was taken to Duke Hospital and died there on April 21, 2018, three days later.

Medical examiner says death was homicide

The state medical examiner’s office, which performed the autopsy, ruled the death was a homicide. 

The autopsy says Bill was strangled with a “ligature,” some kind of cord-like device. Due to the strangulation, he died from a lack of oxygen to the brain despite efforts to resuscitate him, the report says. 

The medical examiner bases this conclusion on hemorrhages, a ligature mark (a mark indicating strangulation with a cord-like object) on Bill’s neck, and fractures of the thyroid cartilage in his neck. 

Alexander’s defense sees things differently. 

Bishop’s family hired a pathologist, Dr. Jonathan Privette, who reviewed the autopsy findings and then argued in a 2018 report that the cause of death could not be determined. 

Bill’s body showed no self-defense injuries, which would have been expected if someone tried to kill him, Privette argued. 

Privette also said Bill had heart disease and that one side of his heart was 80 percent clogged, enough to cause “sudden heart ‘events’.” The family seems to believe that theory — Alexander’s mother, Sharon Bishop, told the Tampa Bay Times in May 2018 that Bill died of a heart attack. (We’ll explore that theory in a later article.)

As for the dog theory, Privette had “no opinion” on whether Winston could encircle his leash around Bill’s neck. 

“However, assuming that the events are possible, it is my opinion that a 60-pound dog would have the force to cause the described injuries,” he wrote

Experts say dog probably didn’t kill Bill

The Bishop case got a jolt this fall when Judge Orlando F. Hudson Jr. agreed with Sharp’s  motion to suppress a host of evidence. The judge said a Durham police investigator had been misleading about the facts of the case when he sought search warrants. So evidence regarding “suspicious” internet searches and “missing” gold that was not in fact missing will not be considered

But that ruling doesn’t appear to have much impact on the Winston theory, which hinges on questions about the dog and his leash. The 9th Street Journal interviewed four forensics experts who evaluated Bill’s autopsy report. They all agreed: it’s not likely that Winston could have killed Bill. 

To the experts, the evidence just doesn’t support the theory that Winston’s leash could have gotten wrapped around Bill’s neck and strangled him with enough force to kill him. The injuries weren’t consistent with such a strangling. 

“It looks like someone took the dog leash and then came up from behind him, wrapped it around one time and strangled him,” said Kendall Von Crowns, deputy chief medical examiner with the Travis County (Texas) Medical Examiner’s office. 

Jeffrey Springer, a Louisville forensic pathologist, and Bill Smock, police surgeon for the Louisville Metro Police Department and on the staff of the Training Institute for Strangulation Prevention in San Diego, and Katherine Maloney, deputy chief medical examiner for the Erie County (New York) Medical Examiner’s Office, pointed to the same reason. 

They described a dense phrase in the autopsy — “fractured superior bilateral horns of thyroid cartilage” — as an important clue. Smock said it was suspicious that the cartilage was fractured without marks on the outside of the neck. 

I find it very difficult to believe that a 50 to 60 pound…dog was able to entangle a conscious, neurologically-intact adult man in a leash and then be able to pull on the leash with enough force for a long enough period of time — at least 10 seconds — to cause loss of consciousness and then continue to apply that pressure for another few minutes until near-fatal brain damage occurred,” Springer said. 

Smock, who has examined victims of hundreds of fatal and non-fatal strangulations over 30 years, agreed with that assessment. He has never seen a dog cause a death like Bill’s. 

Maloney and Kendall Von Crowns, deputy chief medical examiner with the Travis County (Texas) medical examiner’s office, agreed that it would be logistically difficult for Winston to work up the force to strangle Bill. 

“I don’t think the dog would have been like ‘Sweet, the leash is around the neck. Now I’m going to run in the opposite direction as fast as I can so I can strangle him,’” Maloney said. “I’m pretty sure the dog feeling resistance would have stopped pulling and just stood there.”

The dog theory “doesn’t make any sense,” Maloney said.

She zeroed in on a detail from the autopsy that said the mark on Bill’s neck was “serpiginous,” which indicates strangulation with a cord-like device, she said. It would be very difficult for the leash to get tangled around his neck, whether sitting or standing, she argued. 

She also said the bleeding noted in the autopsy report shows that Bill was alive when he was strangled, so it doesn’t make sense that Bill wouldn’t try and do something to stop the strangulation.

For Crowns, the location of the injuries essentially rule out Winston as a strangler. 

The autopsy report notes that the injuries were only on the front of Bill’s neck, Crowns said. If the leash were tightly wrapped around his neck, there would be “circumferential” marks all around his neck—front and back. 

“When you think about it, for the dog to have killed him the leash would have to have been complete about his neck to have been able to constrict and kill,” Crowns said. “If it was only partially about his neck, it would not have worked.”

The injuries in the report are more consistent with someone coming from behind Bill, putting the leash around the front of his neck and strangling him, Crowns said. 

Crowns has worked on 50 to 60 strangulation cases over about 20 years and has never come across a dog strangling someone. 

“Anything’s possible, but the probability is really low.”

Police make three arrests after testing old sexual assault kits

In 2017, Michael Brooks Jr. was arrested for kidnapping, assaulting, and raping an elderly woman. Now, after testing evidence from a sexual assault kit that went untested for three years, police say they believe Brooks committed another rape a year earlier.

Brooks, 45, is one of three men Durham police suspect of committing multiple rapes after evidence in old sexual assault kits revealed DNA matches in separate crimes.

After discovering a backlog of over 1,700 untested sexual assault kits in 2018, the Durham Police Department has begun to pull those kits off the shelves and test their contents. Now, just over one year into the process, police have made their first three arrests connected to the testing of old kits.

***

In March 2018, the North Carolina State Crime Lab announced that law enforcement agencies had 15,160 untested sexual assault kits across the state. That discovery prompted movement in the capital and among individual law enforcement agencies. After decades of stasis, police and sheriffs’ offices began sending in their untested sexual assault kits.

So far, North Carolina law enforcement offices have submitted over 8,000 kits to the State Crime Lab for testing. Cities from Winston-Salem to Charlotte have reopened cold-case sexual assaults and charged suspects.

The Durham Police Department — the jurisdiction with the largest backlog in the state in 2018 — is joining those cities by charging three suspects identified through the testing of old kits.

Brooks was served an arrest warrant for a 2016 rape while in jail, where he waits to stand trial for rape and assault charges from 2017. Police also arrested Isiah Anthony Townes Jr., 22, and indicted Ronnie Porter, 45, for rapes committed in 2016 and 2014, respectively. 

“We’ve had some good success stories,” said Lieutenant Stephen Vaughan, assistant commander of the Criminal Investigations Division. “We’re looking at sending every kit we can.”

Vaughan estimates that the Durham police have sent in around 400 kits for testing so far. But the process is complicated by the different statuses of kits in the police inventory. 192 of Durham’s 1,711 kits are related to cases that have already been resolved in court, and 166 are marked as “unfounded.”

Kits marked as “unfounded” means that the officers who originally investigated the case believed that no crime occurred. But Vaughan and his team are still reviewing those cases to make sure the original designation was correct. “If there are any questions, we’re going to reopen that case and send the kit as well,” he said.

Police are even looking through cases that have already been resolved in court. In some cases, defendants who faced multiple charges accepted a plea deal that did not involve any sexual assault charges. Now, they could be held accountable for those crimes, too. 

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Sending kits for testing at the State Crime Lab is just the beginning of the process for clearing the backlog at the Durham Police Department.

Take Brooks’ case. The State Crime Lab checked DNA evidence from the sexual assault kit with a federal database that contains DNA profiles from convicted offenders across the country. That’s when they found a match: the unknown DNA profile from the kit matched Brooks. 

After that, the Durham Police Department reopened the cold case and got to work. But they haven’t been working alone.

Durham’s Sexual Assault Response Team also includes the Durham Crisis Response Center, the District Attorney’s Special Victims Unit, and the Sexual Assault Nurse Examiner program at Duke Hospital. 

“When the Police Department started getting to the point where information from the Crime Lab was coming back, they realized they needed to have a plan for how to contact the victims,” said Charlene Reiss, coordinator of the Sexual Assault Response Team at the Durham Crisis Response Center. Her team helps police form relationships with victims who may experience trauma from reliving a sexual assault.

“We sit in a room and go through these cases as a group,” Reiss explained. “We really try to figure out how to keep the victim’s needs at the forefront as the Police Department figures out how to move forward.”

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The Police Department still has hundreds of kits to prepare for testing, including some that date back over thirty years. But the Sexual Assault Response Team is determined to clear the backlog.

“These are the cases that most need to be prosecuted,” said Kendra Montgomery-Blinn, lead prosecutor in the Special Victims Unit. “We’re getting CODIS hits on serial rapists.”

Even so, she knows that the process is only just beginning. “I think the goal for this is roughly six years,” she said. “And that’s only to test them all. If the last cold case kit gets tested 5 years from now, it’ll be 7 years from now before it goes to trial.”

Brooks’ case will also likely take years to reach its conclusion. This week, the District Attorney’s office will meet with Brooks’ victims to attempt to work out a plea deal for both the 2016 and 2017 rape cases. Brooks is currently in jail on a $1,750,000 bond. His lawyer estimates that both cases will come to trial in the summer of 2020.